Use of the Site Is At Your Risk
You
use the Site at your risk and everything on the Site is provided
to you "as is" and "as available" without
warranty or condition of any kind, either expressed or implied, including,
but
not limited to, any implied warranties of merchantability, fitness
for a particular purpose, or non-infringement. We exclude all representations
and warranties to the fullest extent permissible under any Applicable
Law.
Use of Content
The
Website is available only for your personal and non-profit use. We
have the right to change or discontinue any feature of the Website.
You may not copy, reproduce, republish, frame, post, upload, distribute,
transmit or modify in any way all or any part of the content contained
on this Website, unless expressly authorised in writing by Guitar World.
You must not transmit or attempt to transmit any data, code or other
material of any kind to this Website that contains a virus
or other harmful component.
Warranties & Liabilities
We do not warrant that the Website will operate error free or that
this Website and its servers are free of computer viruses and other
harmful data. Nor do we warrant that it will be able to prevent any
illegal, harmful or inappropriate use of the Website. If your use of
the Website or the Material results in the need for servicing or replacing
equipment or data, we are not responsible for those costs.
Limitation of Liability
To the extent permitted by law we will not be liable for any direct,
incidental, consequential or indirect damages, loss or corruption of
data, loss of profits, goodwill, bargain or opportunity or loss of
anticipated savings resulting from your access to, or use of, or inability
to use the Site and the Content, whether based on warranty, contract,
tort, negligence or any other legal theory, and whether or not we know
of the possibility of such damage.
Third Party/linked sites
We have not reviewed all of the sites linked to this Site and are
not responsible for the content or accuracy of any off-site pages or
any other sites linked to this Site (including without limitation sites
linked through advertisements or through any search engines). The inclusion
of any link does not imply that we endorse the linked site, and you
use the links at your own risk.
Liability Disclaimer
The
information, products, and services published on the Website may
include inaccuracies
or
typographical errors. Changes are periodically
added to the information herein, and Guitar World may make changes
to the website at any time.Guitar World makes no representations
about the suitability of the information, products, and services contained
in the website for any purpose. All such information, products and
services are provided "as is" without warranty of any kind.
Guitar
World hereby disclaim all warranties and conditions with regard to
this
information, products, and services, including all
implied
warranties and conditions of merchantability, fitness for a particular
purpose, title and non-infringement. In no event shall Guitar World
be liable for any direct, indirect, punitive, incidental, special or
consequential damages arising out of or in any way connected with the
use of this website or with the delay or inability to use this website,
or for any information, products, and services obtained through this
website, or otherwise arising out of the use of this website, whether
based on contract, tort, strict liability or otherwise, even if Guitar
World has been advised of the possibility of damages.
Products and Services
The
terms "Product" means the products or services advertised
for sale on the Website; "Website" means the website owned
by Guitar World; "You" and "your" are references
to persons purchasing Product.
By
ordering a Product from this Website you expressly agree to be bound
by these Purchase
Terms
and Conditions. This agreement ("Agreement")
is between you and Guitar World.
Placing an order
The prices on the Web Site and any other information in respect of
a Product is not an offer to sell but is an invitation to treat only,
and is subject to the availability of the Product, which may change
from time to time. You may offer to purchase goods by completing the
order form and submitting it with your credit card details for the
price of the Product. Your Order must contain all ordering information
specified on the order form.
You
may not cancel an Order once it is submitted, even if our acceptance
or rejection of your offer is still pending. Guitar World reserves
the right to accept or reject in its absolute discretion any Orders
which may be received by it for any reason including, without limitation,
the unavailability of any Product, an error in the price or the Product
description on the Order Page, or an error in an order made by you.
Guitar World is not required to give reasons for rejecting your
offer to purchase.
Guitar
World will
refund your payment should your offer be rejected. If Guitar World
rejects your offer to purchase the goods for
any reason, neither it nor you will be under any further liability
to the other arising out of your original offer or its non-acceptance
of that offer.
Guitar
World gives
no undertaking as to the availability of Product advertised
on this
Website and the prices shown are subject
to alteration without notice. The prices at which the Product is sold
are inclusive of any goods and services tax imposed under Australian
law ("GST").
Payment,
Receipts & Delivery
Payment
for Product sold byGuitar World to you must be tendered at the time
of placing an Order by enclosing credit card details for
the price of the Product ordered with the Order and submitting it to
Guitar World. Guitar World accepts the order by you to
purchase a particular Product for the price when the bank or other
financial institution in which Guitar World deposited it clears
your credit card payment.
Upon
acceptance of your order, delivery will be affected to the address
nominated by you. Guitar World is not liable for any delay in
delivery.
Description of Product
Descriptions on this Website of Product are descriptive only. Actual
finished Product delivered to you may be subject to minor variations.
Risk and Title
Guitar
World retains
title to a Product until the Product is delivered. Title and risk
in the Product will pass on shipping of the
Product to you.
Exclusions and Limitations
All
statutory and implied conditions and warranties are excluded to the
extent permitted by law. To the extent permitted by law, the liability
of Guitar World under any condition or warranty which cannot
legally be excluded (including those under the Trade Practices Act
1974) is limited to the replacement or repair of the Product or supply
of equivalent Product; or the payment of the cost of replacing or repairing
the Product or of acquiring equivalent Product.
You
acknowledge that you do not rely and it is unreasonable for you to
rely on the skill or judgment of Guitar World as to whether
the Product supplied is reasonably fit for any purpose for which it
is being acquired.
Except
to the extent expressly provided for in this Agreement,Guitar World
has no liability (including liability in negligence) for any loss
or damage consequential
or otherwise suffered or incurred
in connection with the Product provided by Guitar World, including
but not limited to any loss or damage consequential or otherwise suffered
or incurred and caused by or resulting directly or indirectly from
any failure, defect or deficiency of any kind of or in the Product.
Indemnity
You
indemnify Guitar World regardless of any negligence on its part,
against all losses, liabilities, legal costs and other expenses
incurred by Guitar World arising directly or indirectly as a
result of or in connection with the breach by you of any provision
of this Agreement or any wilful, unlawful or negligent act by you in
connection with the supply by Guitar World to you of, or use
by you of, any Product.
Notices and Claims
Any
warranty or other claims by you under this Agreement are as well
as any questions you may have in connection with this Agreement should
be emailed or sent to Guitar World at the address set out on
the Web Site.
Governing Law and Jurisdiction